Trademark Registration

Trademark Registration by Company:
● 1x copy of the company’s Business License with company stamp
● Print and digital version of proposed trademark (10 originals in print, size: between 5cm*5cm and 10cm*10cm)
● Category of the proposed trade mark (and choose 10 sub-categories)
● POA for trademark registration (The address must maintain the same with the address on the Business License)
● Application form for trademark registration (The applicant’s name should be in exact concordance with the registered name of the enterprise)

Trademark Registration by Individual applicant:● 1 x copy of the passport of applicant
● Print and digital version of proposed trademark (10 originals in print, size: between 5cm*5cm and 10cm*10cm)
● Category of the proposed trademark (and choose 10 sub-categories)
● POA for trademark registration (The address must maintain the same with the address on the Business License)
● Application form for trademark registration (The applicant’s name should be in exact concordance with the registered name of the enterprise)

(1) A foreigner or foreign enterprise must entrust a trademark agency to handle matters relating to the trademark registration in China.
(2) The applicant should provide 10 papers of trademark pattern (specify the color of trademark; provide 10 papers of colored trademark and a black-and-white paper of trademark).
(3)The trademark designs shall be conspicuous and easy to be attached. They shall be printed on smooth and durable paper or be replaced by photos. (size: between 5cm*5cm and 10cm*10cm)
(4) If applying for the registration of a three-dimensional sign as a trademark, the applicant shall submit a reproduction thereof by which the three-dimensional shape can be determined.
(5) If applying for the registration of the combination of colors as a trademark, the applicant shall make a statement in the application, and submit the descriptions thereof.
(6) If applying for the registration of a collective mark or a certification mark, the applicant shall make a statement in the application, and submit the documents certifying the qualifications of the subjects and the rules on the administration of the use of the mark.
(7 If applying for the registration of a portrait as a trademark, the notarized POA from the person who holds the right of the portrait need be provided.
(8) Where a trademark is, or consists of, foreign words, their Chinese meanings shall be indicated and for the graphic trademark, the direction shall be indicated.

Procedure of Trademark Registration : –1.Trademark Retrieval:
In order to avoid similar trademark, it is necessary to retrieval to improve the trademark passing rate.

2.Trademark Application:
Submit the documents to the trademark registration office.

3.Preliminary Review:
(1) The notice of acceptance will be issued by the SAIC in Beijing where a trademark application complies with the Trademark Law
(2) The notice of rejection will be issued by the SAIC in Beijing where a trademark application doesn’t comply with the Trademark Law
(3) Where the content of trademark registration application is deemed to require further explanation or revision, the Trademark Office will issue the applicant the letter of examination opinion.

4. Official Trademark Examination:
Trademark office commissioner will review and compare trademark for about 9 months after though preliminary review.

5. Announcement Period:
(1) The trademark that has been preliminarily approved after examination shall be announced on the trademark gazette by the Trademark Office of China.
(2) Within three months from the date of the announcement, any person can bring up the objection to the trademark which is preliminary examined and approved by the Trademark Office of China.
(3) Where no opposition is filed after three months, the application shall be approved for registration, a certificate of registration shall issue, and the mark shall be published.
(4) Where registration is refused and the mark has not been published, the Trademark Office shall notify the applicant of the refusal in writing. Where the applicant is dissatisfied, it may, within fifteen days from the receipt of the notification, apply for a review. The Trademark Review and Adjudiction Board shall make a final decision within nine months from the acceptance of the application, and notify the application in writing. If an extension is needed, upon the approval of the department of industry and commerce administration under the State Council, the time limit can be extened for a further three months. Where the applicant is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may appeal to the People’s Court within 30 days from receipt of the notification.

6. The Issuance of the Trademark Certificate
After announcement period, trademark certificate require typography and then trademark will be issued.